Mesothelioma Compensation Australia
Mesothelioma, also known as malignant pleural tumors or peritoneal cancers is a malignant tumour of the pleura. It is most often caused by exposure to asbestos.
Many states offer compensation for victims. A mesothelioma lawyer can help you with the legal process of filing a lawful claim. You may be able file a common-law claim, which could result in greater amount of compensation.
The Bernie Banton Law
Bernie Banton, who died in 2004, was the face of asbestos victims and the person who led the legal fight against James Hardie. A passionate Australian advocate for social justice, his larrikin ethos and disdain of authority was the main component of the campaign to hold the company accountable for its asbestos scandal. He died in 2007 of peritoneal mesothelioma.
On 5 December 2007, a State Funeral was held in NSW for him. He was dying from terminal mesothelioma at the time. He was fighting for many years with James Hardie in order to get Alimta to be included in the Pharmaceutical Benefits Scheme. His passion, articulacy, and determination led him to become a national hero and an advocate for asbestos patients.
He was born in Parramatta and was employed at the James Hardie Camellia plant in western Sydney in the latter half of the 1960s and early 1970s. Like many workers at the time asbestos dust was inhaled as part of his job. Eventually, he was diagnosed with asbestosis and later with mesothelioma. His brother Ted was also diagnosed with mesothelioma, and one of his children suffers from a severe form of the disease.
The new law was named after him and it removed a restriction that meant people who had suffered from other forms of asbestos exposure were not able to pursue compensation. In the past, victims could only sue to receive compensation if they'd been exposed to asbestos at work.
Since the introduction the Bernie Banton Law a number of laws have been changed in order to expand the rights of asbestos victims and their families. In Victoria there is a possibility to claim mesothelioma-related compensation if they were exposed to asbestos by non-work-related activities such as secondhand exposure and environmental contamination.
The new laws expand asbestos victims' rights to seek damages for loss of income, pain, suffering, and impairment to their the quality of their lives. Compensation is also available for a range of expenses like travel expenses to the hospital or medical facilities, rehabilitation and equipment. In some cases, a lump sum can even be used to pay for funeral expenses.
The Wrongs Act
Patients diagnosed with mesothelioma or other asbestos-related illnesses are entitled to compensation. The amount of compensation granted is contingent on the severity of the injuries and losses sustained. Damages are generally divided into two categories: economic and non-economic damages. Economic damages are those that can be explained in concrete terms, such as medical costs as well as treatment costs and lost income. Non-economic damages, on the other hand, are intangible damages such as suffering and loss of enjoyment of life.
Many states and territories provide mesothelioma-related compensation schemes through the government. cases. People who suffer from asbestos-related diseases can bring a lawsuit under the common law. In order to pursue a common law claim it is important to contact an experienced lawyer to ensure that the claim is properly handled.
A mesothelioma lawyer who has experience will be able guide you through all of your options, such as statutory compensation schemes or pursuing claims under common law. They can also aid you in gathering the evidence necessary to prove your claim. Included in this are statements from your coworkers, medical reports and other documents that can help strengthen your claim.
It is important to keep in mind that you can register your exposure to asbestos, silica and chemical substances by registering your exposure on the free National Asbestos, Silica, Chemicals and Fumes Register, regardless of how long or recent ago the exposure took place. You can prove your exposure to asbestos, silica and chemicals by making your exposure known on the free National Asbestos, Silica, Chemicals and Fumes Register.
It is essential to speak with mesothelioma compensation lawyers as early as you can if you or someone you know is exposed to asbestos. It is crucial to understand that mesothelioma can be a complex illness, and it may take years before victims receive the compensation they deserve.
Presently, people who are diagnosed with mesothelioma as well as other asbestos-related illnesses are subject to the Wrongs Act which requires them to go through a significant injury assessment process. This is to ensure that those injured as a result of the negligence of other people are adequately compensated. This includes ensuring that those who claim receive the appropriate compensation for the loss of income, pain and suffering, and the impact on their family.
The James Hardie Medical Research and Compensation Foundation
Mesothelioma is a fatal tumour of the linings around organs like the abdomen and lungs (peritoneum), is caused by exposure to asbestos. Exposure to asbestos is the main cause. In Australia the majority of mesothelioma cases are pleural in nature and affect the lungs. However, mesothelioma can also affect the peritoneum as well as the chest wall. In both cases the lining of the chest wall becomes thicker than cigarette papers to create a hard, swollen tumor that is the size of a fist. The signs of mesothelioma usually don't manifest until several years after the initial exposure to asbestos.
In 2001, James Hardie Industries Ltd set the Medical Research and Compensation Foundation with a budget of $293 million to deal with future asbestos compensation claims. Executives assured the public the fund would be able to cover all legitimate asbestos-related claims. The company then moved its headquarters and incorporation process to the Netherlands and claimed that this was due to tax reasons.
The fund was found to be grossly underfunded despite the funds. By late 2003 it was evident that the fund would not have enough funds to pay out all compensation owed to asbestos victims.
This led to a huge campaign by trade unions and former James Hardie employees to ensure that the company meet the expected compensation gap. Bernie Banton was a former James Hardie Industries construction worker who worked for the company for over 30 years. He developed asbestos-related diseases.
In November 2006, James Hardie and the NSW Government signed an agreement to establish the Asbestos Injuries Compensation Fund. This included a special legal agreement to pay compensation to those suffering from asbestos-related diseases through a special purpose trust that is financed by James Hardie.
The Australian Taxation Office gave the Foundation private binding rulings which they believed would result in an acceptable tax result for this fund. James Hardie agreed to contribute 35 percent of the operating cash flow.
The fund has paid out more than $2 billion to asbestos victims. Some of this money has been earmarked for mesothelioma research, which includes clinical trials into new treatments for the disease. If you have suffered from asbestos-related illnesses like mesothelioma, you should consider seeking legal advice on the best way to claim compensation.
Clinical Trials
Mesothelioma, a cancerous condition that affects a thin layer of skin around many organs of the body is caused by asbestos fibres. It is usually caused by exposure to asbestos fibers that cause inflammation in mesothelium. There are various types of mesothelioma. The most popular kind is the pleural. It affects the lining in the chest cavity and lungs. Other types include pericardial and the peritoneal.
Although asbestos is no longer used in Australia mesothelioma is still able to develop due to the long latency time. Mesothelioma symptoms can take a long time to manifest. If average compensation for mesothelioma claim are detected early enough, they could be treated by chemotherapy or surgery.
Asbestos victims may be eligible for compensation. Compensation may be used to cover the costs of treatment. The compensation can also be used to aid the family members of someone diagnosed with mesothelioma. Compensation is contingent upon the type of mesothelioma, the location it was diagnosed, and how long the patient was exposed to asbestos for.
Some hospitals in Australia have a specialization in treating mesothelioma. These include the Bernie Banton Centre, Concord Hospital and Sir Charles Gairdner Hospital. New mesothelioma treatment options are being developed constantly. People who are suffering from mesothelioma should speak with their doctor about taking part in clinical trials.
In Australia, there are two primary methods to claim compensation for mesothelioma. You can either file a statutory compensation claim through WorkCover or make a court complaint. In general, the courts award more compensation than legal claims.
Davey & Co's mesothelioma lawyers can assist those suffering from mesothelioma get compensation. They have experience in asbestos compensation claims, both for primary and secondary exposure. They can help people with compensation claims and assist them in finding medical professionals. They can also help connect people with mesothelioma support groups.
Mesothelioma is most often found in workplaces and homes where asbestos is present. Construction workers, miners and other workers in asbestos factories or mines are at risk. You can also get asbestos from second-hand clothing or products. Those who are at risk of developing mesothelioma should consider providing information to the Australian Mesothelioma Registry. This will help researchers design policies that prevent asbestos exposure.